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University of Michigan Law School

Civil Rights and Discrimination

2001

Racial profiling

Articles 1 - 5 of 5

Full-Text Articles in Law

The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu Jan 2001

The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu

Michigan Journal of Race and Law

This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.


"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang Jan 2001

"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang

Michigan Journal of Race and Law

This Essay seeks to show that there is less to some of these apparent differences than meets the eye. While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied bias-motivated violence and of legal scholars who have studied racial profiling- prominent among them my fellow panelist, Professor David A. Harris- reveals striking similarities and connections between the two practices. In particular, both hate crimes and racial profiling tend to be condemned only at ...


When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris Jan 2001

When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris

Michigan Journal of Race and Law

The author proposes that in an ongoing debate on questions concerning the possibility of racial or other types of invidious discrimination by public institutions, we should apply a prima facie standard to these claims in the public arena. In other words, if African Americans or Latinos say that they have been the victims of racial profiling, we should not ask for conclusive proof in the strictest statistical sense; rather, if they can present some credible evidence beyond anecdotes, some statistics that indicate that we may, indeed, have a problem, the burden should then shift to the public institution-here, law enforcement ...


Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell Jan 2001

Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell

Michigan Journal of Race and Law

This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino ...


Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser Jan 2001

Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser

Michigan Journal of Race and Law

This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.